Suters Architects Pty Ltd v Hornsby Shire Council [2007] NSWLEC 726

Land and Environment Court of New South Wales

CITATION : Suters Architects Pty Ltd v Hornsby Shire Council [2007] NSWLEC 726

APPLICANT Suters Architects Pty Ltd PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10334 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Application :- 9-storey mixed use development comprising of 38 multi-unit dwellings, carparking, vehicular access masterplan for Hornsby, site amalgamation, deep soil planting area, privacy of units, solar access of units, provision for views.

Environmental Planning and Assessment Act 1979 Hornsby Shire Local Environmental Plan 1994 LEGISLATION CITED: Sydney Regional Environmental Plan No. 20 State Environmental Planning Policy No. 55 State Environmental Planning Policy No. 65

DATES OF HEARING: 10/09/2007, 11/09/2007 & 12/09/2007

DATE OF JUDGMENT: 2 November 2007

APPLICANT Mr I. Hemmings, barrister Instructed by Ms P. Murray of Minter Ellison LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Jackson, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

2 November 2007

10334 of 2007 Suters Architects Pty Ltd v Hornsby Shire Council

JUDGMENT 1 Commissioner: This is a Class 1 Appeal No. 10334 of 2007 between Suters Architects Pty Ltd and Hornsby Shire Council in regard to the refusal of DA No.2233/04 on 9 April 2006 for the demolition of an existing building and the construction of a new 9-storey mixed use development comprising 38 multi-unit dwellings on the upper levels, commercial floorspace and commercial carparking on the ground level, and resident parking on a single basement level. The Site and Locality 2 The site comprises 6 allotments being Lots 1 to 5 in Deposited Plan 136133 and Lot 1 in Deposited Plan 136112 known as Nos. 93-103 Pacific Highway, Hornsby.